no sobriety test for public intoxication

[finbar]

What is the name of your state? Arkansas
I was arrested in the yard of a friend for public intoxication. I had not had anything to drink for three hours. I was not given any field tests or blood or breath tests. I had to stay in jail for 8 hours and then pay the fine or make bail. I pled not-guilty in the preliminary hearing and asked for a trial. How can the prosecutor prove that I was in fact drunk if there are no positive tests?

[rmet4nzkx]

Your actions related your level of impairment, thus no test was necessary.

[TYRIS]

I was arrested in the yard of a friend for public intoxication. I had not had anything to drink for three hours.

-If you were arrested in someone's yard you obliviously did something to bring attention to yourself for the Officer to notice you.

I was not given any field tests or blood or breath tests.

-Regardless of when you last drank, the Officer only has to prove that you were impaired. He does not have to give you any tests.. Blood/breath or otherwise. Your actions and manerisms provide the probable cause for the arrest.

How can the prosecutor prove that I was in fact drunk if there are no positive tests?

-It's called "objective signs of intoxication". Slurred speach, unsteady gait, waivering while standing still, angry outbursts, posturing... the afore mentioned and more can be signs of intoxication.


I highly doubt that you were minding your own business and the cops suddenly showed up and arrested only you for no reason.


Tyris

[BigMistakeFl]

I'm also guessing that the "friend" (owner or renter of the home) will testify as a witness to your impairment, or perhaps a neighbor. Who called the cops? That witness or witnesses will also be evidence against you.

[dfw_girl]

Originally Posted by finbar

What is the name of your state? Arkansas
I was arrested in the yard of a friend for public intoxication. I had not had anything to drink for three hours. I was not given any field tests or blood or breath tests. I had to stay in jail for 8 hours and then pay the fine or make bail. I pled not-guilty in the preliminary hearing and asked for a trial. How can the prosecutor prove that I was in fact drunk if there are no positive tests?

They can't prove it... Someone just must have got jealous of you being around

The home of the armadillos!!! And some stupid arresting officer with the initials MK. This happens in this part of the country as they have nothing better to do with their time and eveyone is interbred

He can't prove it. Fight it big time. I can give you a few attorney's names if you're anywhere near little rock (about 45 mins east of there - that place where that former adulterer president is from - Hope, AR)

[dfw_girl]

Originally Posted by TYRIS

-If you were arrested in someone's yard you obliviously did something to bring attention to yourself for the Officer to notice you.





-Regardless of when you last drank, the Officer only has to prove that you were impaired. He does not have to give you any tests.. Blood/breath or otherwise. Your actions and manerisms provide the probable cause for the arrest.





-It's called "objective signs of intoxication". Slurred speach, unsteady gait, waivering while standing still, angry outbursts, posturing... the afore mentioned and more can be signs of intoxication.


I highly doubt that you were minding your own business and the cops suddenly showed up and arrested only you for no reason.


Tyris

Never been to Arkansas huh?

[TYRIS]

They can't prove it... Someone just must have got jealous of you being around

-They can prove it. It's called "Objective Symptoms of Intoxication". It's done all the time but I'm sure someone with your infinite knowledge of the law was already aware of that.

And some stupid arresting officer with the initials MK.

-My aren't we bitter?

This happens in this part of the country as they have nothing better to do with their time and eveyone is interbred

-I'm Shocked. This coming from the person who said we were all mean and should be compassionate. Now your calling the poster an inbred. Not very campassionate of you.

He can't prove it. Fight it big time. I can give you a few attorney's names if you're anywhere near little rock.

- Your right again. The poster should spend a few thousand dollars on an attorney to fight a "maybe" couple hundred dollar fine and possible probation instead of using a public defender.


Tyris

[finbar]

I did not say that I was minding my own business. My question was merely whether any actual test had to be administered to determine whether I was intoxicated. You and others have answered that question thank you. As an aside, there was absolutely NO bad behavior by me at the location of my arrest before the officer arrived or in front of him. My altercation occurred earlier and across town.




Tyris Quote I highly doubt that you were minding your own business and the cops suddenly showed up and arrested only you for no reason.